Docket
33556
Attorney General of Canada, et al. v. PHS Community Services Society, et al.
(British Columbia) (Criminal) (By Leave)
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2011-10-06 | Appeal closed | |
| 2011-10-03 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2011-10-03 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2011-09-30 | Judgment on the cross-appeal rendered, CJ Bi LeB De F Abe Cha Ro Cro Dismissed, without costs |
|
| 2011-09-30 | Judgment on the appeal rendered, CJ Bi LeB De F Abe Cha Ro Cro, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Numbers CA036158 and CA036159, 2010 BCCA 15, dated January 15, 2010, heard on May 12, 2011, is dismissed with costs. The cross-appeal is dismissed without costs. The Minister of Health is ordered to grant an exemption for Insite under s. 56 of the Controlled Drugs and Substances Act, S.C. 1996, c.19. The order of the trial judge awarding special costs is affirmed. The constitutional questions are answered as follows: 1. Are ss. 4(1) and 5(1) of the Controlled Drugs and Substances Act, S.C. 1996, c. 19, constitutionally inapplicable to the activities of staff and users at Insite, a health care undertaking in the Province of British Columbia? No. 2. Does s. 4(1) of the Controlled Drugs and Substances Act, S.C. 1996, c. 19, infringe the rights guaranteed by s. 7 of the Canadian Charter of Rights and Freedoms? No. 3. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? It is not necessary to answer this question. 4. Does s. 5(1) of the Controlled Drugs and Substances Act, S.C. 1996, c. 19, infringe the rights guaranteed by s. 7 of the Canadian Charter of Rights and Freedoms? No. 5. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? It is not necessary to answer this question. Dismissed, with costs |
|
| 2011-08-23 | Correspondence received from, Ms. Juba rec'd by e-mail re: change of agent from McCarthy Tétrault to Michael Sobkin. | Canadian HIV/AIDS Legal Network, International Harm Reduction Association and CACTUS Montréal |
| 2011-05-31 | Correspondence received from, From Sally Gomery dated May 31, 2011. RE: Ogilvy Renault LLP will be known as Norton Rose OR LLP as of June 1, 2011 | Canadian Nurses Association, Registered Nurses' Association of Ontario and Association of Registered Nurses of British Columbia |
| 2011-05-31 | Transcript received, (150 pages) | |
| 2011-05-13 | Correspondence received from, Robert Frated dated May 13, 2011. Re: Filing of the decision from the Standing Committee on Health dated May 29, 2008 (Sent to the Court on May 13, 2011) | Attorney General of Canada |
| 2011-05-12 | Judgment reserved OR rendered with reasons to follow | |
| 2011-05-12 | Intervener's condensed book, Submitted in Court (14 copies) | Real Women Canada |
| 2011-05-12 | Intervener's condensed book, Submitted in Court (14 copies) | Canadian Civil Liberties Association |
| 2011-05-12 | Respondent's condensed book, Submitted in Court (14 copies) | Attorney General of British Columbia |
| 2011-05-12 | Respondent's condensed book, Submitted in Court (14 copies) | Vancouver area Network of Drug users (VANDU) |
| 2011-05-12 | Respondent's condensed book, Submitted in Court (14 copies) | PHS Community Services Society |
| 2011-05-12 | Appellant's condensed book, Submitted in Court (14 copies) | Attorney General of Canada |
| 2011-05-12 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2011-05-12 | Hearing of the appeal, 2011-05-12, CJ Bi LeB De F Abe Cha Ro Cro Judgment reserved |
|
| 2011-05-12 | Order on miscellaneous motion | |
| 2011-05-12 | Decision on miscellaneous motion, Reg, to accept the respondent's book of authorities as filed without consecutive page numbers Granted |
|
| 2011-05-12 | Submission of miscellaneous motion, Reg | |
| 2011-05-09 | Correspondence received from, M.A. Chambers by fax, re.: request for 2 reserved seats at the hearing | Real Women Canada |
| 2011-05-06 | Correspondence received from, Burke-Robertson by email, re.: request for 2 reserved seats at the hearing | Attorney General of British Columbia |
| 2011-05-04 | Correspondence received from, J. Beedell by fax, re.: request for 7 reserved seats at the hearing | PHS Community Services Society |
| 2011-04-28 | Correspondence received from, S. Gomery by fax, re.: request for 7 reserved seats at the hearing | Canadian Nurses Association, Registered Nurses' Association of Ontario and Association of Registered Nurses of British Columbia |
| 2011-04-28 | Correspondence received from, O.W.Rees by fax, re.: request for 2 reserved seats at the hearing | Canadian Public Health Association |
| 2011-04-26 | Correspondence received from, A. Di Domenico by fax, re.: request for 3 reserved seats at the hearing | Canadian Civil Liberties Association |
| 2011-04-26 | Notice of appearance, Owen Rees and Fredrick Schumann will be present at the hearing. | Canadian Public Health Association |
| 2011-04-26 | Notice of appearance, Andrew Nathanson and Brook Greenberg will be present at the hearing. | Dr. Peter AIDS Foundation |
| 2011-04-26 | Notice of appearance, Marjorie Brown will be present at the hearing. | British Columbia Nurses' Union |
| 2011-04-26 | Notice of appearance, Joseph Arvay, Monique Pongracic-Speier, Scott Bernstein and Andrew Schroeder will be present at the hearing. Jeffrey Beedell will replace Andrew Schroeder at the hearing. | PHS Community Services Society |
| 2011-04-26 | Notice of appearance, Ryan Dalziel and Thomas Moran will be present at the hearing. | British Columbia Civil Liberties Association |
| 2011-04-21 | Correspondence received from, A.M. Juba by fax, re.: request for 2 reserved seats at the hearing (1 extra on May 10/11): TOTAL: 3 reserved seats | Canadian HIV/AIDS Legal Network, International Harm Reduction Association and CACTUS Montréal |
| 2011-04-21 | Notice of appearance, Rahool Agarwal, John Picone and Michael Kotrly will be present at the hearing. | Canadian Nurses Association, Registered Nurses' Association of Ontario and Association of Registered Nurses of British Columbia |
| 2011-04-21 | Notice of appearance, Sheila Tucker will be present at the hearing. | Vancouver Coastal Health Authority |
| 2011-04-21 | Notice of appearance, Paul Monahan and Antonio Di Domenico will be present at the hearing. | Canadian Civil Liberties Association |
| 2011-04-21 | Notice of appearance, Michael Feder, Angela Juba and Louis Letellier de St-Just will be present at the hearing. | Canadian HIV/AIDS Legal Network, International Harm Reduction Association and CACTUS Montréal |
| 2011-04-21 | Notice of appearance, Robert Frater and Paul Riley will be present at the hearing. | Attorney General of Canada |
| 2011-04-20 | Correspondence received from, C. Christie by fax, re.: request for 2 reserved seats at the hearing | Canadian Medical Association |
| 2011-04-20 | Correspondence received from, R. Frater by fax, re.: request for 6 reserved seats at the hearing | Attorney General of Canada |
| 2011-04-20 | Correspondence received from, Guy Pratte dated April 20, 2011. Re: Order of interveners at hearing | Canadian Medical Association |
| 2011-04-20 | Notice of appearance, Craig Jones and Karrie Wolfe will be present at the hearing. | Attorney General of British Columbia |
| 2011-04-20 | Notice of appearance, Guy Pratte, Nadia Effendi and Jean Nelson will be present at the hearing. | Canadian Medical Association |
| 2011-04-20 | Notice of appearance, Me Hugo Jean will be appearing as counsel | Attorney General of Quebec |
| 2011-04-20 | Notice of appearance, Micheal A. Chambers and Gordon B. Greenwood will be appearing as counsel | Real Women Canada |
| 2011-04-20 | Correspondence received from, Gowling by email, re.: request for 3 reserved seats at the hearing | Vancouver area Network of Drug users (VANDU) |
| 2011-04-19 | Notice of appearance, John Conroy and Stephen Mulhall will be present at the hearing. | Vancouver area Network of Drug users (VANDU) |
| 2011-04-19 | Order by, F, FURTHER TO THE ORDER dated February 17, 2011, granting leave to intervene to the Dr. Peter AIDS Foundation, the Vancouver Coastal Health Authority, the Canadian Civil Liberties Association, the Canadian HIV/AIDS Legal Network, International Harm Reduction Association and CACTUS Montréal, the Canadian Nurses Association, Registered Nurses' Association of Ontario and Association of Registered Nurses of British Columbia, the Canadian Public Health Association, the Canadian Medical Association, the British Columbia Civil Liberties Association and the British Columbia Nurses' Union; AND FURTHER TO THE ORDER dated March 14, 2011, granting leave to intervene to Real Women Canada; IT IS HEREBY FURTHER ORDERED THAT the ten groups of interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of this appeal Granted |
|
| 2011-04-14 | Intervener's book of authorities, (5 volumes), Completed on: 2011-04-14 | Canadian HIV/AIDS Legal Network, International Harm Reduction Association and CACTUS Montréal |
| 2011-04-14 | Intervener's factum, Completed on: 2011-04-14 | Canadian HIV/AIDS Legal Network, International Harm Reduction Association and CACTUS Montréal |
| 2011-04-14 | Intervener's book of authorities, Completed on: 2011-04-14 | British Columbia Civil Liberties Association |
| 2011-04-14 | Intervener's factum, Completed on: 2011-04-14 | British Columbia Civil Liberties Association |
| 2011-04-14 | Intervener's book of authorities, Completed on: 2011-04-14 | Dr. Peter AIDS Foundation |
| 2011-04-14 | Intervener's factum, Completed on: 2011-04-14 | Dr. Peter AIDS Foundation |
| 2011-04-14 | Intervener's book of authorities, Completed on: 2011-04-14 | Vancouver Coastal Health Authority |
| 2011-04-14 | Intervener's factum, Completed on: 2011-04-14 | Vancouver Coastal Health Authority |
| 2011-04-14 | Intervener's book of authorities, Completed on: 2011-04-14 | Canadian Civil Liberties Association |
| 2011-04-14 | Intervener's factum, Completed on: 2011-04-14 | Canadian Civil Liberties Association |
| 2011-04-14 | Intervener's book of authorities, Completed on: 2011-04-14 | British Columbia Nurses' Union |
| 2011-04-14 | Intervener's factum, Completed on: 2011-04-14 | British Columbia Nurses' Union |
| 2011-04-14 | Intervener's book of authorities, Completed on: 2011-04-14 | Canadian Medical Association |
| 2011-04-14 | Intervener's factum, Completed on: 2011-04-14 | Canadian Medical Association |
| 2011-04-14 | Intervener's book of authorities, Completed on: 2011-04-14 | Canadian Public Health Association |
| 2011-04-14 | Intervener's factum, Completed on: 2011-04-14 | Canadian Public Health Association |
| 2011-04-13 | Intervener's factum, Completed on: 2011-04-13 | Canadian Nurses Association, Registered Nurses' Association of Ontario and Association of Registered Nurses of British Columbia |
| 2011-04-04 | Response to miscellaneous motion, email from John W. Conroy dated Apr. 2/11, Completed on: 2011-04-04 | Vancouver area Network of Drug users (VANDU) |
| 2011-04-04 | Response to miscellaneous motion, email from Robert Frater dated Apr. 3/11, Completed on: 2011-04-04 | Attorney General of Canada |
| 2011-04-01 | Response to miscellaneous motion, email from Jeff Beedell dated March 31/11, Completed on: 2011-04-01 | PHS Community Services Society |
| 2011-03-31 | Notice of miscellaneous motion, to accept the respondent's book of authorities as filed without consecutive page numbers, Completed on: 2011-03-31 | Attorney General of British Columbia |
| 2011-03-30 | Correspondence received from, Jeff Beedell by fax, re.: request for increasing time allocations | PHS Community Services Society |
| 2011-03-29 | Intervener's factum, Completed on: 2011-03-29 | Real Women Canada |
| 2011-03-15 | Notice of hearing sent to parties | |
| 2011-03-14 | Correspondence (sent by the Court) to, Angela M. Juba, re.: permission to be listed as junior counsel | |
| 2011-03-14 | Intervener's book of authorities, Completed on: 2011-03-14 | Attorney General of Quebec |
| 2011-03-14 | Intervener's factum - AG on constitutional question, Form rec'd Mar. 16/11, Completed on: 2011-04-05 | Attorney General of Quebec |
| 2011-03-14 | Order on motion for leave to intervene, (BY FISH J.) | |
| 2011-03-14 | Decision on the motion for leave to intervene, F, UPON APPLICATION by Real Women Canada for an extension of time to apply for leave to intervene and for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for an extension of time to apply for leave to intervene and for leave to intervene of Real Women Canada is granted and the said intervener shall be entitled to serve and file a factum not to exceed 10 pages in length on or before March 29, 2011. The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the intervener. The intervener shall not be entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the intervener shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by its intervention Granted |
|
| 2011-03-14 | Submission of motion for leave to intervene, F | |
| 2011-03-14 | Order on motion to adduce new evidence, (BY ABELLA J.) | |
| 2011-03-14 | Decision on motion to adduce new evidence, Abe, UPON APPLICATION by the respondents PHS Community Services Society, Dean Edward Wilson and Shelly Tomic for an order granting leave to adduce new evidence namely the affidavit, with exhibits, of Dr. Evan Wood sworn January 24, 2011 into a respondents' record and to refer to the new evidence in a supplementary factum of up to 2 pages to be served and filed within 10 days; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is denied Dismissed |
|
| 2011-03-14 | Submission of motion to adduce new evidence, Abe | |
| 2011-03-09 | Correspondence (sent by the Court) to, Fredrick Schumann, re.: permission to work on an intervention | |
| 2011-03-09 | Appeal hearing scheduled, 2011-05-12, (start time 9:00 am) Judgment reserved |
|
| 2011-03-01 | Appeal perfected for hearing | |
| 2011-02-28 | Response to the motion for leave to intervene, (Letter Form), from Monique Pongracic-Speier dated Feb. 28/11, Completed on: 2011-02-28 | PHS Community Services Society |
| 2011-02-28 | Response to the motion for leave to intervene, (Letter Form), from Robert Frater dated Feb. 28/11, Completed on: 2011-02-28 | Attorney General of Canada |
| 2011-02-18 | Motion for leave to intervene, (joint with an extension of time) (bookform), Completed on: 2011-02-18 | Real Women Canada |
| 2011-02-17 | Order on motion for leave to intervene, (BY FISH J.) | |
| 2011-02-17 | Decision on the motion for leave to intervene, F, UPON APPLICATIONS by the Dr. Peter AIDS Foundation, the Vancouver Coastal Health Authority, the Canadian Civil Liberties Association, the Canadian HIV/AIDS Legal Network, International Harm Reduction Association and CACTUS Montréal, the Canadian Nurses Association, Registered Nurses' Association of Ontario and Association of Registered Nurses of British Columbia, the Canadian Public Health Association, the Canadian Medical Association and the British Columbia Civil Liberties Association for leave to intervene in the above appeal; AND UPON APPLICATION by the British Columbia Nurses' Union for an extension of time to apply for leave to intervene and for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene of the Dr. Peter AIDS Foundation, the Vancouver Coastal Health Authority, the Canadian Civil Liberties Association, the Canadian HIV/AIDS Legal Network, International Harm Reduction Association and CACTUS Montréal, the Canadian Nurses Association, Registered Nurses' Association of Ontario and Association of Registered Nurses of British Columbia, the Canadian Public Health Association, the Canadian Medical Association and the British Columbia Civil Liberties Association are granted and the said eight groups interveners shall be entitled to serve and file a factum not to exceed 10 pages in length. The motion for an extension of time to apply for leave to intervene and for leave to intervene of the British Columbia Nurses' Union is granted and the said intervener shall be entitled to serve and file a factum not to exceed 10 pages in length. The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners shall not be entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by their interventions Granted |
|
| 2011-02-17 | Submission of motion for leave to intervene, F | |
| 2011-02-09 | Response to the motion to adduce new evidence, email from Burke-Robertson dated Feb. 9/11, Completed on: 2011-02-09 | Attorney General of British Columbia |
| 2011-02-08 | Reply to motion to adduce new evidence, (Letter Form), from Joseph J. Arvay, Q.C. dated Feb. 8/11 joint with a draft factum of 2 pages, Completed on: 2011-02-08 | PHS Community Services Society |
| 2011-02-07 | Respondent's book of authorities, Completed on: 2011-02-07 | Vancouver area Network of Drug users (VANDU) |
| 2011-02-07 | Appellant's factum - cross appeal, Included in the respondent's factum, Completed on: 2011-02-07 | Vancouver area Network of Drug users (VANDU) |
| 2011-02-07 | Respondent's factum, Completed on: 2011-02-07 | Vancouver area Network of Drug users (VANDU) |
| 2011-02-07 | Respondent's book of authorities, Completed on: 2011-04-29 | Attorney General of British Columbia |
| 2011-02-07 | Respondent's factum, Completed on: 2011-02-07 | Attorney General of British Columbia |
| 2011-02-07 | Respondent's book of authorities, Completed on: 2011-02-07 | PHS Community Services Society |
| 2011-02-07 | Respondent's factum, Completed on: 2011-02-07 | PHS Community Services Society |
| 2011-02-02 | Response to the motion to adduce new evidence, (Letter Form), from Robert Frater and W. Paul Riley dated Feb. 1/11, Completed on: 2011-02-02 | Attorney General of Canada |
| 2011-02-01 | Response to the motion to adduce new evidence, (Letter Form), from Henry S. Brown, Q.C. dated Feb. 1/11, Completed on: 2011-02-01 | Vancouver area Network of Drug users (VANDU) |
| 2011-01-26 | Motion to adduce new evidence, namely the affidavit, with exhibits, of Dr. Evan Wood sworn Jan. 24/11 in a respondents' record and to refer to the new evidence in a supplementary factum of up to 2 pages (bookform), Completed on: 2011-01-26 | PHS Community Services Society |
| 2011-01-20 | Reply to the motion for leave to intervene, (Letter Form), from Sally Gomery dated Jan. 20/11 in response to Mr. Frater's letter of Jan. 17/11, Completed on: 2011-01-20 | Canadian Nurses Association, Registered Nurses' Association of Ontario and Association of Registered Nurses of British Columbia |
| 2011-01-19 | Response to the motion for leave to intervene, (Letter Form), from Henry S. Brown, Q.C. dated Jan. 18/11 (by British Columbia Nurses' Union), Completed on: 2011-01-19 | Vancouver area Network of Drug users (VANDU) |
| 2011-01-19 | Response to the motion for leave to intervene, (Letter Form), from Robert E. Houston, Q.C. dated Jan. 19/11 (by all interveners), Completed on: 2011-01-19 | Attorney General of British Columbia |
| 2011-01-17 | Response to the motion for leave to intervene, from Robert Frater dated Jan. 17/11 (by B.C. Nurses), Completed on: 2011-01-17 | Attorney General of Canada |
| 2011-01-17 | Response to the motion for leave to intervene, (Letter Form), from Robert Frater dated Jan. 13/11 (by all interveners but B.C. Nurses), Completed on: 2011-01-17 | Attorney General of Canada |
| 2011-01-17 | Response to the motion for leave to intervene, from Jeffrey W. Beedell dated Jan. 17/11 (by British Columbia Nurses' Union), Completed on: 2011-01-17 | PHS Community Services Society |
| 2011-01-14 | Motion for leave to intervene, (joint with an extension of time) (bookform), Completed on: 2011-01-14 | British Columbia Nurses' Union |
| 2011-01-13 | Response to the motion for leave to intervene, (Letter Form), from Gowlings dated Jan. 13/11 (by all interveners), Completed on: 2011-01-13 | Vancouver area Network of Drug users (VANDU) |
| 2011-01-12 | Response to the motion for leave to intervene, (Letter Form), from Jeffrey W. Beedell dated Jan. 12/11 (by all interveners), Completed on: 2011-01-12 | PHS Community Services Society |
| 2011-01-11 | Order on motion to file a lengthy factum | |
| 2011-01-11 | Decision on motion to file a lengthy factum, Reg, of 45 pages by the appellants and the respondents PHS Community Services Society and VANDU Granted |
|
| 2011-01-11 | Submission of motion to file a lengthy factum, Reg | |
| 2011-01-10 | Motion for leave to intervene, (bookform), Completed on: 2011-01-10 | British Columbia Civil Liberties Association |
| 2011-01-10 | Motion for leave to intervene, Vol. I & II, Completed on: 2011-01-10 | Canadian Medical Association |
| 2011-01-07 | Motion for leave to intervene, (bookform), Completed on: 2011-01-07 | Canadian Public Health Association |
| 2011-01-07 | Motion for leave to intervene, (bookform), Completed on: 2011-01-07 | Canadian Nurses Association, Registered Nurses' Association of Ontario and Association of Registered Nurses of British Columbia |
| 2011-01-07 | Motion for leave to intervene, (bookform), Completed on: 2011-01-07 | Canadian HIV/AIDS Legal Network, International Harm Reduction Association and CACTUS Montréal |
| 2011-01-07 | Motion for leave to intervene, (bookform), Completed on: 2011-01-07 | Canadian Civil Liberties Association |
| 2011-01-07 | Motion for leave to intervene, (bookform), Completed on: 2011-01-07 | Vancouver Coastal Health Authority |
| 2011-01-07 | Response to the motion to file a lengthy factum, (Letter Form), from Henry S. Brown, Q.C. dated Jan. 7/11 (joint with consent to intervention of Peter Aids Foundation), Completed on: 2011-01-07 | Vancouver area Network of Drug users (VANDU) |
| 2011-01-07 | Response to the motion to file a lengthy factum, (Letter Form), from Jeffrey W. Beedell dated Jan. 7/11, Completed on: 2011-01-07 | PHS Community Services Society |
| 2011-01-07 | Motion to file a lengthy factum, of 45 pages by the appellants and the respondents PHS and VANDU, Completed on: 2011-01-07 | Attorney General of Canada |
| 2011-01-06 | Motion for leave to intervene, (bookform), Completed on: 2011-01-06 | Dr. Peter AIDS Foundation |
| 2010-11-25 | Appellant's book of authorities, (4 volumes), Completed on: 2010-12-02 | Attorney General of Canada |
| 2010-11-25 | Appellant's factum, CD missing - Rec'd on Dec. 2, 2010, Completed on: 2010-12-02 | Attorney General of Canada |
| 2010-11-19 | Appellant's record, (20 volumes), Completed on: 2010-11-19 | Attorney General of Canada |
| 2010-10-05 | Notice of intervention respecting a constitutional question | Attorney General of Quebec |
| 2010-09-14 | Correspondence received from, Jeffrey Beedell dated September 14, 2010. Re: Change of address for Monique Pongracic-Speier | PHS Community Services Society |
| 2010-09-07 | Notice of constitutional question(s) | Attorney General of Canada |
| 2010-09-02 | Order on motion to state a constitutional question, (BY THE CHIEF JUSTICE) | |
| 2010-09-02 | Decision on the motion to state a constitutional question, CJ, UPON APPLICATION by the appellants for an order stating constitutional questions in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT THE CONSTITUTIONAL QUESTIONS BE STATED AS FOLLOW: 1. Are ss. 4(1) and 5(1) of the Controlled Drugs and Substances Act, S.C. 1996, c. 19, constitutionally inapplicable to the activities of staff and users at Insite, a health care undertaking in the Province of British Columbia? 2. Does s. 4(1) of the Controlled Drugs and Substances Act, S.C. 1996, c. 19, infringe the rights guaranteed by s. 7 of the Canadian Charter of Rights and Freedoms? 3. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? 4. Does s. 5(1) of the Controlled Drugs and Substances Act, S.C. 1996, c. 19, infringe the rights guaranteed by s. 7 of the Canadian Charter of Rights and Freedoms? 5. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? Granted |
|
| 2010-08-23 | Notice of cross appeal, Completed on: 2010-08-23 | Vancouver area Network of Drug users (VANDU) |
| 2010-08-06 | Submission of motion to state a constitutional question, CJ | |
| 2010-08-03 | Response to the motion to state a constitutional question, (Letter Form), C. Jones, dated July 30/10, Completed on: 2010-08-03 | Attorney General of British Columbia |
| 2010-07-30 | Response to the motion to state a constitutional question, (Letter Form), from Henry S. Brown, Q.C. dated July 30/10, Completed on: 2010-07-30 | Vancouver area Network of Drug users (VANDU) |
| 2010-07-29 | Response to the motion to state a constitutional question, (Letter Form), from Jeffrey Beedell dated July 29/10, Completed on: 2010-07-29 | PHS Community Services Society |
| 2010-07-28 | Motion to state a constitutional question, (bookform), Completed on: 2010-07-28 | Attorney General of Canada |
| 2010-07-28 | Notice of appeal, (CD-Rom rec'd July 29/10), Completed on: 2010-07-29 | Attorney General of Canada |
| 2010-06-29 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2010-06-25 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2010-06-25 | Judgment on leave sent to the parties | |
| 2010-06-24 | Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Numbers CA036158 and CA036159, 2010 BCCA 15, dated January 15, 2010, is granted without costs. The application for leave to cross-appeal is granted with costs to the respondent VANDU in accordance with the Tariff in Schedule B. Granted, without costs |
|
| 2010-06-24 | Judgment of the Court on the application for leave to cross-appeal, See file Granted, with costs |
|
| 2010-05-17 | All materials on application for leave submitted to the Judges, CJ Abe Cro | |
| 2010-05-17 | All material on the application for leave to cross-appeal submitted to the Judges, CJ Abe Cro | |
| 2010-04-09 | Order on motion to extend time | |
| 2010-04-09 | Decision on motion to extend time, to serve and file the respondent, VANDU's response and application for leave to cross-appeal to Mar. 26/10, Reg Granted |
|
| 2010-04-09 | Submission of motion to extend time, Reg | |
| 2010-04-09 | Response to motion to extend time, Completed on: 2010-04-08 | Attorney General of British Columbia |
| 2010-04-01 | Memorandum of argument in response to the cross-appeal, Included in the Reply, Completed on: 2010-04-01 | Attorney General of Canada |
| 2010-04-01 | Applicant's reply to respondent's argument, Completed on: 2010-04-01 | Attorney General of Canada |
| 2010-03-31 | Response to motion to extend time, Completed on: 2010-03-31 | Attorney General of Canada |
| 2010-03-31 | Response to motion to extend time, Completed on: 2010-03-31 | PHS Community Services Society |
| 2010-03-31 | Motion to extend time, to serve and file the respondent's response and the application for leave to cross-appeal to March 26/10, Completed on: 2010-03-31 | Vancouver area Network of Drug users (VANDU) |
| 2010-03-26 | Application for leave to cross-appeal, Included in the response, Completed on: 2010-03-26 | Vancouver area Network of Drug users (VANDU) |
| 2010-03-26 | Respondent's response on the application for leave to appeal, Ext. of time rec'd March 31/10, Completed on: 2010-03-31 | Vancouver area Network of Drug users (VANDU) |
| 2010-03-12 | Correspondence received from, Robert Frater by fax re: will be filin a single reply once all respondent's response are filed. (cc.to all parties) | Attorney General of Canada |
| 2010-03-08 | Book of authorities | Attorney General of British Columbia |
| 2010-03-08 | Respondent's response on the application for leave to appeal, Completed on: 2010-03-08 | Attorney General of British Columbia |
| 2010-03-05 | Correspondence received from, J. W. Conroy, Q.C. dated March 4/10 re: will seek an extension of time to March 26/10 to respond and to seek an application to cross-appeal (by fax) | Vancouver area Network of Drug users (VANDU) |
| 2010-03-04 | Respondent's response on the application for leave to appeal, Completed on: 2010-03-05 | PHS Community Services Society |
| 2010-03-03 | Correspondence received from, J. Conroy by fax dated March 2/10 re: response to corresp. from R. Frater about joint applic. | Vancouver area Network of Drug users (VANDU) |
| 2010-02-25 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2010-02-12 | Correspondence received from, Robert Frater by fax on Feb 12/10 re: reasons for filing a joint application | Attorney General of Canada |
| 2010-02-04 | Application for leave to appeal, Service missing-rec'd Feb 9/10., Completed on: 2010-02-25 | Attorney General of Canada |
- Date modified: